1793 ORD GRANTING TO A M O'BRIEN DBA YELLOW CAB CO A FRANCHISE TO USE PUBLIC STREETS ETCORDINANCE NO. 1793
AN ORDINANCE GRANTING TO A, M. OtBRIENp D/B/p, YELLOW CAB
COMPANY, A FRANCHISE TO USE THE PUBLIC STREETS, ALLEYS AND
HIGHWAYS OF THE CITY OF PARIS FOR THE PURPOSE OF TRANSPORT-
ING PASSENGERS FOR HIRE IN MOTOR VEHICLES FOR A PERIOD OF TEN
(10) YEARSp BEGINNING SEPTEMBER 12, 19669 AND ENDING SEPTEMBER
lZ, 19769 UPON THE TERMS AND CONDITIONS HEREINAFTER PRESCRIBED;
PROVIDING FOR THE REGULATION OF SAID BUSINESS; PROVIDING FOR
THE PAYMENT OF A GROSS RECEIPTS TAX FOR SUCH PRIVILEGE AND
USE OF SUCH STREETS; ALLEYS AND HIGHWAYS; PROVIDING FOR THE
TERMINATION OF SUCH GRANT UPON SPECIFIED CONDITIONS; PROVID-
ING FOR TAXICAB STANDS FOR USE OF SAID GRANTEE; PROVIDING FOR
PUBLIC LIABILITY INSURANCE ON THE MOTOR VEHICLES AND EQUIP-
MENT OF SAID GRANTEE; PROVIDING FOR THE SUPER VISION OF SAID
BUSINESS AND INSPECTION OF ITS VEHICULAR EQUIPMENT BY THE
OFFICIALS QF THE CITY OF PARIS; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS;
Section 1, There is hereb;; granted to A M Ot
Company, hereinafter called grantee, the right, prBilege a~d/fr nchi e for
a period of ten (10) years, beginning September 129 1966, and ending
September 12, 1976, to operate a taxicab service in the City of Paris and
on the streets, alleys, and public ways within the City Limits of said City
for the transportation of passengers for hire. The grantee herein shall main-
tain the principal office and place of business of said business within the cor-
porate limits of the City of Parisa where the headquarters of said business
shall be maintained.
Section Z. The right, privilege and grant herein contained shall not be
transferred or assigned without the formal action and consent of the Govern-
ing Body of the Cit;T of Paris first had and obtained, and an,- attempted
assignment or transfer of such rights and privileges by the grantee herein
without first having had and obtained such consent and permission from the
Governing Body of the City of Paris shal], operate ipso facto as a termination
of the rights., privileges and grant herein contained.
Section 3. That the taxicabs operated or maintained under said franchise
shall be used for the purpose of transportation of passengers and thepersonal
luggage of such passengers,
Section 4. That all automobiles or vehicles used in connection with this
taxicab service shall be operated in accordance with the laws of the State of
Texas and ordinances of the City of Paris, and such future amendments there-
of, or either of thems relating to or regulating the operation of motor vehicles
upon streets or highways.
Section 5. The City of Paris in
reserves alX the ri hts ~ granting this franchise, fu11y retains and
g , privileges and immunities that it now has under the
law to fully patrol and police the streets a
City9 and the granting of this franchise shall in9no wap ibterferesw th thethe
rights of the City of Paris tO fully use said streets, alleys9 and public wa s
for any other public utility9 nor shall this franchise in anY way interfere with
the improvement or maintenance of an y
ways, and the rights of the grantee here ntto usersaid,streetssshall atba
lI ic times
be subservient to the right of the governing bod;r of the City of Paris
exercise its rights or control over said streets9 alleys9 and public Wa s•fu1Xy
t
Y
Section 6. The grantee sha11,s during the life of this franchise, pay to the
City of Paris at the office of the City Clerk in lawful money of the United
States a sum equal to two (2) per cent of the gross receipts and total fares
collected and other income derived fromthe operation of said taxicab busi-
ness, which remittance sha11 be made monthly on or before the lOth day of
the month following the month for which said respective remittances are-
made9 and sha11 be accompanied by a verified statement of the gross re-
ceipts for such preceding month. The granteeshall at a1.1, times keep a system
of books and records which meet the approval of the City Clerk of the City of
Paris and which adequately reflect upon inspection the amount of such gross
receipts for each day of each month during such franchiseg which books shall
at all times be subject to inspection by the City Clerk or any other designated
agent or official of the City of Paris. The payments stipulated and provided
in this section shall be in lieu of any other tax or assessment or charge by
the City of Paris which may now or may hereafter be in force during the term
of this franchise9 excluding only ad valorem taxes.
Any neglect= omission or refusal by the grantee herein to file such veri-
fied statement of gross receipts monthly9 as required,9 or to pay such speci-
fied percentage of said gross receipts to the City of Paris when due and as
specified, shall ipso facto work a forfeiture of this franchise and of all
rights hereunder.
Section 7. The City of Paris expressly reserves the right to modify9
amend9 alter, change or eliminate any of the provisions of this franchise9
during the life of the same, for the following purposes9 to-.wit:
(1) To eliminate or delete from the same such conditions as then
prove obsolete or impractical;
(Z) To impose such additional conditions upon the grantee as may be
just and reasonable, such conditions to be those as may be deemed necessary
for the purpose of insuring adequate service to the public.
Section 8. Notwithstanding what may be said in any other portion of this
instrument with reference to the termination thereof9 this right is granted
subject to the provisions of Article 1. Section 17 and 26 of the Constitution
of the State9 the applicable state lawsa charter provisionsp and such future
laws as may be enacted by the Legislature9 or amendments to the Constitution
and the Charter of the City of Par.is. Furthermore9 the governing body of the
City of Paris reserves the absolute right upon notice and a hearingwhich
said notice shall beg2ven to the grantee not less than thirty (30) days before
such hearing, to absolut ely terminate this grant fo r any violations of the
terms and provisions of this ordinance.
Section 9. That it sha11 hereafter be unlawful for the grantee, its offi-
cers, agents or employees, operating any automobile for hire within the City
of Paris, to cruise. Cruising shall consist of seeking, searching or solicit-
ing employment while operating an automobile for hire9 by repeatedly and
persistently driving such automobile for hire to and fro on the public streets
of the City of Paris and offering accommodations thereof to prospective
passengers, either by signal9 word of mouth, or by carrying a sign with the
word "Vacant" thereon, or some other word of similar import or otherwise
or in any manner whatsoever operating said vehicle upon the public streets o_f
the City of Paris for the purpose of soliciting passengers or driving an auto-
mobile for hire upon the public streets while unoccupied by a passenger with-
out having a fixed destination thereof.
Section 10. At alI times during the effective period of this franchise
grantee shall have procured and kept in fu11, force and effect policy or policies
of public liability insurance, covering each mother vehicle to be operated and
operated under this franchises conditioned that the holder of the fra,nchise
shall well and truly pay to the Mayor of the City of Paris, or his successor
in office for the benefit of every judgment creditor who has been injured
through the negligent operation of any such motor vehicle by the grantee or
his employees, or will we1X and truly pay directly to any such judgment cre-
ditor who has been injured, or whose property has been damaged, any
amount or amounts of money that shall have been awarded by final judgment
of any court of competent jurisdiction against such grantee on account of any
such injury or damage, not exceeding for bodily injury or death to any one
person the sum of Ten Thousand Dollars ($10, 000, 00), or the sum of Twenty
Thousand Dollars ($20, 000. 00) for a11 persons injured in any one accident or
occasionS and not exceeding Five Thousand DolXars ($5, 000. 00) for property
damages arising out of any one accident or occasion. Any such policy of
insurance shall further provide that each such cause of action shall survive in
case of death of any injured or damaged person for the benefit of the benefi-
ciary of any such person, and shall further provide that such policy shall be
subject to successive recoveries during the time that the same may continue
in effecto Any such policy of insurance shall be issued by an approved in-
surance companyJ authorized to do business in the State of Texas.
Section 11. In the event of the failure of grantee to fully discharge any
claim for damages established by final judgment of a court of competent
jurisdiction within sixty (60) days after the same has been so established9
this franchise shall automatically be forfeited.
Section 12. Every taxicab operated by grantee under this franchise shall
at all times9 have painted or otherwise impressed upon the front doors thereof
easily visible signs bearing proper identification of the company operating
under such franchise. A11 such vehicles shall be owned by and registered in
the name of the grantee, and no other vehicle may be used under this fran-
chise. Each of such vehicles shall be registered with the City Clerk of the
City of Paris by motor number, ard the City Clerk shall assign for each such
respective vehicle in numerical order9 beginning with the Number lp a number,
which number shall atall times be displayed at some convenient location on
both sides of the same.
Section 13. It shall be the duty of the City Manager of the City of Paris
to enforce the provisions of this ordinance and all other applicable regula-
tions. Fie shall also recommend to the governing body of the City of Paris
from time to time reasonable rules and regulations9 whichp when approved by
the City Council, shall become biriding upon the grantee herein. Among other
things, the City Council shall from time to time during the term of this fran-
chise have the power and authority to promulgate effective regulations concern-
ing the following, to -wit:
(a) To make reasonable orders respecting character, extentp quality
and standard of service of grantee to be provided under this franchise;
(b) To fix such rates for service to the public as are not in conflict
with the express provisions hereof as will provide for grantee a reasonable
and fair rate of return upon the fair value of the property used and useable
in connection with the rendering of service to the public under this franchise;
(c) To prescribe the number of taxicabs to be operated by grantee,
applying thereto the principles of public necessity and convenience;
(d) To make such other rules and regulations as may be reasonably
necessary to facilitate adequate service to be rendered to the public under
this franchise, any such rules and regulations when adopted to be binding
upon the gra.ztee herein.
Section 14. Motor vehicles operated by graatee under this franchise
shall be known as "public service vehicles" and when not in use in the exer-
cise of the privileges granted herein each of such vehicles shall be stationed
or parked at the headquarters of the grantee herein, which headquarters shall
be located on private property.
Section 15. The word "taxicabs" as used in this ordinance shall mean any
passenger vehicle with not more than two seats and a iiormal capacity not in
excess of six persons9 which is not operated over a fixed route or routes and
which is engaged for the purpose of carrying a passenger or passengers, by
special trips to and from specified addresses as designated by any such
passenger or passengers.
Section 16. That the grantee shall promptly pay all lawful ad valorem
taxes, and such other levies and assessments, if any9 that may be lawfully
imposed upon it. Failure to pay any of such charges or either of them shall
be deemed a breach of the privilege granted herein and the Citya upon the
happening of such event9 may declare the rights of the grantee hereunder
forfeited for such breach.
Section 17. This grant is made upon the express conditions that the non-
exercise of the power to regulate rates and charges which thegrantee may
charge to the public in the operation of its business shall never be construed
as an acquiescence or recognition of the justness or correctness of said
grantee;s estabfished rate, and that so long as the governing body of the City
of Paris does not exercise it; legislative and governmental power to fix and
regulate the rates that the grantee herein sha11 charge to ti-ie public, the
question of property values used and useful in the rendering of the service
prior to rate regulation shal], never stop the City from determining the real or
actual value of property used or useful icf rendering such service. If, and
when, the City Council, or other governing body shall exercise the power to
fix the rates to be charged for such service in the City of Paris no alXowance
in the way of said rate shall be made as compensation for any property used
or consumed in rendering the service by the grantee herein for such service.
If, and when, the City Council decides to regulate rates, then at such time
the Council will fully exercise its rate regulatory power under the provisions
of law applicable thereto, and the failure to provide under this ordinance the
machiner}j for the administrative, legislative or executive control of such
mattershall not preclude the Council from fully exercising that power and
providing suitable provisions to enforce such power.
Section 18. Should it be determined that any clause, condition, or cove-
nant of this franchise is, for any reason, illegal or unenforceable9 such
clause, condition or covenant shall be disregarded and the existence of the
same shall not affect the remaining clauses, conditions or covenants of this
franchise.
Section 19. That any unwarranted and intentional neglect, failure or re-
fusal of said grantee to comply with any of the conditions and stipulations
contained in said franchise sha11, thereupon immediately, ipso facto, effect a
forfeiture thereofs and the said City9 by the City Council, may thereupon de-
clare said franchise forfeited, and may exclude said grantee from further
use of the streets of said City under said franchise, and said grantee shall
thereupon and immediately surrender all rights in and to the same, and said
franchise shall become null and void and of no effect.
Section 20, Within ten (10) days after the passage of this ordinance by
the City Council, the grantee herein sha1X file with the City Clerk, in writing,
the acceptance of the terms and provisions of this grant.
Section 21. This ordinance shall become effective immediately upon
passage.
Passed and adopted this 12th day of Septemberp A, D„ 1966.
,
yo r
ATTEST:
. ~j • r
City Clerk
APP,I~OVED AS TO FORM:
I\
ity Attor/iey.